Waikato Bay of Pleanty H 10 November 2017 – R 1 – Chair, Mr A Godsalve
ID: JCA11342
Meet Title:
Harness Racing Waikato - 10 November 2017
Meet Chair:
AGodsalve
Meet Committee Member 1:
PWilliams
Race Date:
2017/11/10
Race Number:
R7
Decision:
As Ms Harrison has admitted the breach we find the charge proved.
Penalty:
Accordingly we impose a fine of $300 on Ms Harrison.
Facts:
Following the running of race 1, the CHRISTMAS EVE AT THE RACES HANDICAP TROT 2200m, Mr Mulcay produced an Information alleging that Junior Driver, Ms A Harrison (SIR HENRY CASTLETON) used her whip excessively over the final 400m.
Ms Harrison, assisted by Mr D Butcher, was present at the hearing. She acknowledged that she understood the Rule, and was aware of the Guidelines introduced in December 2016, and confirmed that she admitted the breach.
Rule 869(2)(a) provides that 'No horseman shall during any race use his whip in an unnecessary, excessive or improper manner'.
The Guidelines referred to above include the following 'The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these Guidelines'.
Using the video films, Mr Mulcay identified SIR HENRY CASTLETON as the field neared the 400m mark. Ms Harrison was following MAJESTIC STRIDE (M McKendry) which was improving ahead of her. As SIR HENRY CASTLETON entered the home straight, Ms Harrison began to use her whip on the horse. SIR HENRY CASTLETON responded to her urgings to finish strongly into 2nd placing. However, it was apparent on the film that Ms Harrison has struck the horse approximately 13 times. Most of these strikes were not forceful, however Mr Mulcay added that drivers were required to drive horses within the Rules and Ms Harrisons use of her whip was outside the Guidelines.
Ms Harrison acknowledged to the Committee that her whip use was outside the Guidelines, however she said she thought she had only struck the horse 12 times.
Submissions for Penalty:
Mr Mulcay referred to the JCA Penalty Guide which provides a starting point of a fine of $500 or a 2 day suspension. He added that Ms Harrison had not breached this Rule previously, and in fact this was the first time she had appeared before the Committee on any charge. Mr Mulcay added that he believed the matter could be dealt with by way of a fine, and that if the Committee considered it appropriate it could be a small fine than has been normal as the breach was at the lower end of the scale.
Mr Butcher stated that he believed a lower fine would be appropriate as Ms Harrison was a Junior Driver and the breach was not of a serious nature.
Reasons for Penalty:
The Committee confirmed that the starting point for a breach of this nature was a $500 fine or a 2 day suspension. We took into account Mr Mulcays submission that the breach was at the lower end of the scale, and we also noted Mr Butcher's submission accordingly.
It is to Ms Harrsions credit that after driving for about 2 seasons she has not previously appeared on any matter. We accepted that she is a Junior Driver, and we wish to encourage her as she is a promising horsewoman, however the public perception over excess whip use does not differentiate between senior or junior drivers.
We pointed out to Ms Harrision that consistancy in relation to penalties was a paramount concern for Committees; and that throughout New Zealand Committees had almost without fail imposed a fine of $300 on drivers, senior or junior, appearing before them for this type of breach for the first time.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 1d3f817e45e7fc0323cb846f110227e2
informantnumber: A2634
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 13/11/2017
hearing_title: Waikato Bay of Pleanty H 10 November 2017 - R 1 - Chair, Mr A Godsalve
charge:
facts:
Following the running of race 1, the CHRISTMAS EVE AT THE RACES HANDICAP TROT 2200m, Mr Mulcay produced an Information alleging that Junior Driver, Ms A Harrison (SIR HENRY CASTLETON) used her whip excessively over the final 400m.
Ms Harrison, assisted by Mr D Butcher, was present at the hearing. She acknowledged that she understood the Rule, and was aware of the Guidelines introduced in December 2016, and confirmed that she admitted the breach.
Rule 869(2)(a) provides that 'No horseman shall during any race use his whip in an unnecessary, excessive or improper manner'.
The Guidelines referred to above include the following 'The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these Guidelines'.
Using the video films, Mr Mulcay identified SIR HENRY CASTLETON as the field neared the 400m mark. Ms Harrison was following MAJESTIC STRIDE (M McKendry) which was improving ahead of her. As SIR HENRY CASTLETON entered the home straight, Ms Harrison began to use her whip on the horse. SIR HENRY CASTLETON responded to her urgings to finish strongly into 2nd placing. However, it was apparent on the film that Ms Harrison has struck the horse approximately 13 times. Most of these strikes were not forceful, however Mr Mulcay added that drivers were required to drive horses within the Rules and Ms Harrisons use of her whip was outside the Guidelines.
Ms Harrison acknowledged to the Committee that her whip use was outside the Guidelines, however she said she thought she had only struck the horse 12 times.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Harrison has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Mulcay referred to the JCA Penalty Guide which provides a starting point of a fine of $500 or a 2 day suspension. He added that Ms Harrison had not breached this Rule previously, and in fact this was the first time she had appeared before the Committee on any charge. Mr Mulcay added that he believed the matter could be dealt with by way of a fine, and that if the Committee considered it appropriate it could be a small fine than has been normal as the breach was at the lower end of the scale.
Mr Butcher stated that he believed a lower fine would be appropriate as Ms Harrison was a Junior Driver and the breach was not of a serious nature.
reasonsforpenalty:
The Committee confirmed that the starting point for a breach of this nature was a $500 fine or a 2 day suspension. We took into account Mr Mulcays submission that the breach was at the lower end of the scale, and we also noted Mr Butcher's submission accordingly.
It is to Ms Harrsions credit that after driving for about 2 seasons she has not previously appeared on any matter. We accepted that she is a Junior Driver, and we wish to encourage her as she is a promising horsewoman, however the public perception over excess whip use does not differentiate between senior or junior drivers.
We pointed out to Ms Harrision that consistancy in relation to penalties was a paramount concern for Committees; and that throughout New Zealand Committees had almost without fail imposed a fine of $300 on drivers, senior or junior, appearing before them for this type of breach for the first time.
penalty:
Accordingly we impose a fine of $300 on Ms Harrison.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Ms A Harrision - Junior Driver of SIR HENRY CASTLETON
Otherperson: Mr D Butcher - Senior Horseman assisting Ms Harrison
PersonPresent:
Respondent:
StipendSteward:
raceid: 67927866829eca3fb73df3e3df9b8286
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 50a99b61a149a36ef4ee2351bd6b2257
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/11/2017
meet_title: Harness Racing Waikato - 10 November 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: PWilliams
meet_pm2: none
name: Harness Racing Waikato